AB150: Bill Text

AB150, s. 2763 Section 2763. 49.055 of the statutes is repealed.

AB150, s. 2764 Section 2764. 49.057 of the statutes is repealed.

AB150, s. 2765 Section 2765. 49.06 of the statutes is repealed.

AB150, s. 2766 Section 2766 . 49.08 of the statutes is amended to read:

AB150,1011,22 49.08 (title) Recovery of general relief paid. If any person is the owner of property at the time of receiving general relief under this chapter or ch. 49, 1993 stats., emergency medical relief under this chapter or relief as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the general relief from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover general relief. Where the general relief recipient is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the general relief furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).

****Note: This is reconciled s. 49.08. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2767 Section 2767 . 49.08 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1012,22 49.08 Recovery of general relief paid. If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., emergency medical relief under this chapter subchapter or relief as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief. Where the relief recipient is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).

****Note: This is reconciled s. 49.08. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2768 Section 2768. 49.083 of the statutes is repealed.

AB150, s. 2769 Section 2769. Subchapter III (title) of chapter 49 [precedes 49.11] of the statutes is created to read:

AB150,1013,3 Chapter 49

AB150,1013,5 Subchapter III economic support programs

AB150, s. 2770 Section 2770. 49.11 of the statutes is created to read:

AB150,1013,7 49.11 Definitions. In this subchapter:

AB150,1013,9 (1) "Department" means the department of industry, labor and human relations.

AB150,1013,10 (2) "Secretary" means the secretary of industry, labor and human relations.

AB150, s. 2771 Section 2771. 49.12 (title) of the statutes is renumbered 49.95 (title).

****Note: This is reconciled s. 49.12 (title). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2772 Section 2772. 49.12 (1) of the statutes is renumbered 49.95 (1).

****Note: This is reconciled s. 49.12 (1). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2773 Section 2773. 49.12 (2) of the statutes is renumbered 49.95 (2) and amended to read:

AB150,1013,21 49.95 (2) Any person who wilfully does any act designed to interfere with the proper administration of public assistance shall be fined not less than $10 nor more than $100 or be punished by imprisonment for not less than 10 nor more than 60 days. The acceptance of any supplies or articles furnished to any person as general relief in exchange for or in payment for any alcohol beverages shall be deemed to be a violation of this subsection, but violations of this subsection shall not be limited to such acts.

****Note: This is reconciled s. 49.12 (2). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2774 Section 2774. 49.12 (3) of the statutes is renumbered 49.95 (3).

****Note: This is reconciled s. 49.12 (3). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2775 Section 2775. 49.12 (4m) (intro.) of the statutes is renumbered 49.95 (4m) (intro.).

****Note: This is reconciled s. 49.12 (4m) (intro.). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2776 Section 2776 . 49.12 (4m) (a) of the statutes is renumbered 49.95 (4m) (a) and amended to read:

AB150,1014,11 49.95 (4m) (a) Without legal authority, sends or brings a dependent person to a county, tribal governing body or municipality or advises a dependent person to go to a county, tribal governing body or municipality for the purpose of obtaining general emergency medical relief under s. 49.02, aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 or food stamps under 7 USC 2011 to 2029.

****Note: This is reconciled s. 49.12 (4m) (a). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2777 Section 2777. 49.12 (4m) (b) of the statutes is renumbered 49.95 (4m) (b) and amended to read:

AB150,1014,15 49.95 (4m) (b) Obtains a pecuniary advantage because the person is brought or sent or goes to the county, tribal governing body or municipality.

****Note: This is reconciled s. 49.12 (4m) (b). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2778 Section 2778. 49.12 (5) of the statutes is renumbered 49.95 (5).

****Note: This is reconciled s. 49.12 (5). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2779 Section 2779. 49.12 (6) of the statutes is renumbered 49.95 (6).

****Note: This is reconciled s. 49.12 (6). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2780 Section 2780. 49.12 (7) of the statutes is repealed.

****Note: This is reconciled s. 49.12 (7). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2781 Section 2781. 49.12 (8) of the statutes is renumbered 49.95 (8).

****Note: This is reconciled s. 49.12 (8). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2782 Section 2782. 49.12 (9) of the statutes is renumbered 49.95 (9).

****Note: This is reconciled s. 49.12 (9). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2783 Section 2783. 49.12 (10) of the statutes is renumbered 49.95 (10).

****Note: This is reconciled s. 49.12 (10). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2784 Section 2784. 49.12 (11) of the statutes is renumbered 49.95 (11) and amended to read:

AB150,1015,7 49.95 (11) "Public assistance" as used in this section includes general emergency medical relief.

****Note: This is reconciled s. 49.12 (11). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2785 Section 2785. 49.123 (title) of the statutes is repealed.

****Note: This is reconciled s. 49.123 (title). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2786 Section 2786. 49.123 (1) of the statutes is repealed.

****Note: This is reconciled s. 49.123 (1). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2787 Section 2787. 49.123 (2) of the statutes is renumbered 49.29.

****Note: This is reconciled s. 49.123 (2). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2788 Section 2788. 49.124 (title) of the statutes is amended to read:

AB150,1015,13 49.124 (title) Food stamp employment and training program administration.

****Note: This is reconciled s. 49.124 (title). This Section has been affected by drafts with the following LRB numbers: -0773/1 and -2153/1.

AB150, s. 2789 Section 2789. 49.124 of the statutes is renumbered 49.124 (1m) and amended to read:

AB150,1016,3 49.124 (1m) (title) Employment and training program. The department shall administer an employment and training program for recipients of food stamp benefits under 7 USC 2011 to 2029 under the food stamp program.

****Note: This is reconciled s. 49.124 (1m). This Section has been affected by drafts with the following LRB numbers: -0773/1 and -2153/1.

AB150, s. 2790 Section 2790. 49.124 (1) of the statutes is created to read:

AB150,1016,6 49.124 (1) Definition. In this section, "food stamp program" means the federal food stamp program under 7 USC 2011 to 2029.

AB150, s. 2791 Section 2791. 49.124 (2) (title) of the statutes is created to read:

AB150,1016,8 49.124 (2) (title) Liability for lost food coupons.

AB150, s. 2792 Section 2792. 49.124 (3) (title) of the statutes is created to read:

AB150,1016,10 49.124 (3) (title) Deductions from county income maintenance payments.

AB150, s. 2793 Section 2793. 49.124 (4) of the statutes is created to read:

AB150,1016,13 49.124 (4) Migrant worker waiver program. (a) In this subsection, "migrant worker" has the meaning given in s. 49.47 (4) (av) 1.

AB150,1016,19 (b) The department shall request a waiver from the secretary of the federal department of agriculture to allow the application of par. (c). The waiver shall also seek a waiver from those federal quality control standards under the food stamp program that the department determines to be necessary in order to make the application of par. (c) feasible. Paragraph (c) applies only while the waiver under this paragraph is in effect.

AB150,1017,2 (c) If a migrant worker and his or her dependents do not meet the income limitations under the food stamp program using prospective budgeting, the department shall determine eligibility for the migrant worker and his or her dependents using an income-averaging method described in the waiver under par. (b).

****Note: This is reconciled s. 49.124 (4). This Section has been affected by drafts with the following LRB numbers: -0773/1 and -2153/1.

AB150, s. 2794 Section 2794. 49.125 (1) of the statutes is amended to read:

AB150,1017,8 49.125 (1) The department, or a county or elected governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons under the food stamp program administered under s. 46.215 (1) (k) or 46.22 (1) (b) 5 2. d. Recovery shall be made in accordance with 7 USC 2022.

AB150, s. 2795 Section 2795. 49.125 (2m) of the statutes is created to read:

AB150,1017,16 49.125 (2m) A county or elected governing body of a federally recognized American Indian tribe may assess a fee on a person who fails to comply with a plan for recovering overpayments that arise from an overissuance of food coupons, if the person is no longer eligible for food stamps under the food stamp program. The fee may not exceed 10% of the amount remaining to be recovered at the time of the noncompliance and may not be assessed more than once with respect to the same overpayment. The fee may be retained by the county or tribal governing body.

AB150, s. 2796 Section 2796. 49.125 (3) of the statutes is created to read:

AB150,1017,23 49.125 (3) The department may charge a county, or an elected governing body of a federally recognized American Indian tribe or band, for the administrative costs that are incurred by the department of health and social services and the department of revenue and that are related to certifications under s. 46.254 (2) to recover overpayments that arise from an overissuance of food coupons under the food stamp program.

AB150, s. 2797 Section 2797. 49.125 (3) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1018,8 49.125 (3) The department may charge a county, or an elected governing body of a federally recognized American Indian tribe or band, for the administrative costs that are incurred by the department of health and social services industry, labor and human relations and the department of revenue and that are related to certifications under s. 46.254 49.85 (2) (b) to recover overpayments that arise from an overissuance of food coupons under the food stamp program.

****Note: This is reconciled s. 49.125 (3). This Section has been affected by drafts with the following LRB numbers: -0727/4 and 2153/3.

AB150, s. 2798 Section 2798. 49.13 (title) of the statutes is renumbered 49.84 (title).

****Note: This is reconciled s. 49.13 (title). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2799 Section 2799. 49.13 (1) of the statutes is renumbered 49.84 (1).

****Note: This is reconciled s. 49.13 (1). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2800 Section 2800. 49.13 (2) of the statutes is renumbered 49.84 (2).

****Note: This is reconciled s. 49.13 (2). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2801 Section 2801. 49.13 (3) (intro.) and (b) of the statutes are consolidated, renumbered 49.84 (3) and amended to read:

AB150,1018,18 49.84 (3) Notwithstanding subs. (1) and (2), personal identification documentation requirements may be waived for 10 days for an applicant for general emergency medical relief, if all of the following occur: (b) The the applicant agrees to cooperate with the general emergency medical relief agency by providing information necessary to obtain proper identification.